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Article • December 15, 2009
$4.6 Million Federal Jury Award to New York Man Pushed Off Roof by Cop by On April 7, 2009, a New York federal jury awarded $4.2 million to a man who was rendered paraplegic when a rookie cop pushed him off a roof. Shawn Lewis, 32, was chased to the …
$250,000 Default Judgment in Federal Court Legal Malpractice Case by On July 22, 2008, a New York federal court entered judgment and an award of $250,000 to the estate and survivors of a man who had allegedly been abused during 25 days of drug rehab. The award was against a …
Federal Prison Employees Convicted of Stealing Prisoners’ Meds by Gary Hunter On January 6, 2009, three former employees at the Buffalo Federal Detention Center in Batavia, New York pleaded guilty to misdemeanor charges of theft of government property. Richard Lawson, a captain and pharmacist; Lisa Schwab, a pharmacist technician; and …
Article • December 15, 2009 • from PLN December, 2009
Mental Illness Prevalent Among County Jail Prisoners, Especially Women by Gary Hunter A random sampling of 2,000 prisoners in five county jails found that, on average, nearly 15 percent of male prisoners and 31 percent of female prisoners suffer from serious mental illness. The study was headed by Dr. Henry …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • November 15, 2009 • from PLN November, 2009
CRIPA Investigation Finds “Woefully Inadequate” Conditions in Erie County, NY Jails; Lawsuits Filed by Jimmy Franks An investigation conducted by the Civil Rights Division of the U.S. Department of Justice uncovered significant civil rights violations at two New York detention facilities – the Erie County Holding Center (ECHC) and the …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
Article • October 15, 2009
Filed under: Police, False Arrest
$50,000 Award in New York False Arrest Claim by A New York jury awarded a man $50,000 for being falsely arrested. The arrest for possession of stolen property came after someone had stolen a laptop computer from the Administration of Child Services office. As a result of his arrest, Bernard …
Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals reinstated the federal conviction of a New York jail guard for intentionally using excessive force on a prisoner in violation of 18 U.S.C. § 242. Zoran Teodorovic, a …
Article • October 15, 2009 • from PLN October, 2009
Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules by The possession or introduction of small amounts of marijuana into a New York state prison is not punishable as a felony, the New York Court of Appeals held. Robert Finley, a New York state prisoner, was …
Article • October 15, 2009
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
Publication • October 13, 2009
New York State Police, Trooper Imani A. Kirkland Letter of Censure, 2009 KIRKLAND , IMANI A TROOPER TYPE: Personnel CASE# 20090357 FINDING : Founded Complainant: . Complaint ofPersonnel Investigation 20090357 Type: Sub Type Personnel Incident Date/Time Report Due 5/6/2009 9:35 AM 7/22/2009 Level Inv. T 1 Commissioned Officer Assigned No …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Article • September 15, 2009 • from PLN September, 2009
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Publication • September 10, 2009
New York State Police, Trooper Jason J. Lewis Letter of Censure, 2009 TB-lSA PREVENTABLE TROOP VEHICLE ACCIDENT-REPORT OF ADJUDICATION (8/07) VAN DATE OF ACCIDENT/INCIDENT 08247 05/27/2009 TIME OF ACCIDENT/INCIDENT VEHICLE PLATE NUMBER J12:lS A.M. J2FS DRIVER'S NAME (FIRST, MI, LAST) jJa~on J. Lewis . SHIELD NUMBER STATION ORIGINAL FILE 3# …
Article • August 15, 2009 • from PLN August, 2009
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Article • August 15, 2009 • from PLN August, 2009
Report Recommends Lawmakers Reinstate College Programs in Prison by David Reutter by David M. Reutter Citing the benefits of college prison programs, a report by the Correctional Association of New York recommended several policy changes to increase and recognize participation in degree-awarding programs. The report says the principal benefits of …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
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